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Should I register a trademark as an individual online?

by janeausten

Introduction

The United States Patent and Trademark Office (USPTO) is the government office in charge of trademark registration on behalf of corporations and individuals. You can apply for a trademark online via the USPTO’s TEAS Plus or TEAS RF systems, which let you to submit your application electronically rather than by mail or fax. Filing an electronic application is less expensive than mailing paper copies. There are, however, numerous additional significant distinctions between the two applications that you should examine before selecting which one is best for you:

Online filing

The United States Patent and Trademark Office (USPTO) provides numerous choices for online trademark registration. You can utilise the TEAS Plus or TEAS Reduced Fee (TEAS RF) systems to file a typical trademark application.

To file utilising these methods, you must first register an account with the USPTO. This necessitates the submission of basic information such as your name, address, and phone number. If your company has a current EIN (Employer Identification Number), you can register faster by using the USPTO Trademark Electronic Application System (TEAS).

Every year, the USPTO receives approximately 400,000 trademark applications.

Every year, the US Patent and Trademark Office (USPTO) registers about 400,000 trademark applications.

The USPTO registered almost 400,000 new trademarks in 2018. Every year, the office gets around 5 million trademark applications.

Plus TEAS

If you are an individual and need to submit a trademark, TEAS Plus is the easiest option. It employs a single form that is not submitted with the USPTO, but is instead delivered straight to your email inbox. There are other possibilities for paying extra to accelerate the processing of your application.

Please contact me at [email protected] if you have any questions about registering a trademark online as an individual or if you would like assistance getting started on your own journey of protecting your brand name or logo with intellectual property rights such as trademarks, patents, and copyrights.

What is the distinction between an intent-to-use trademark application and a use-based trademark application?

An intent-to-use trademark is a brand name or logo that you have not yet used but intend to do so in the future. A use-based trademark is one that you have already started using, whether formally or informally.

If you’re not sure which form of trademark registration is best for you, read our tutorial on the distinctions between intent-to-use and use-based trademarks.

How can I reply to a USPTO Office action in my trademark application?

If a fee is missing from your application, you can reply to the Office action by paying the charge and asking an extension of time until your new payment arrives.

If your application is missing a filing fee but does not require an extension of time, you should ask the USPTO to consider your answer and decide whether or not it should be approved. This is done by selecting “Request Status Check” under My Trademark Account. If this option is unavailable due to the length of time since your first submission, try one of the following instead:

Request that fresh filing fees be requested for each relevant class indicated on the Office action (this will require you to pay any associated fees). The USPTO will determine whether these costs are necessary based on their evaluation of whether they were correctly paid when the application was first submitted (they might not need additional payments).

Request any necessary adjustments by providing updated papers through My Trademark Account.

What is the legal basis for submitting a trademark application to the USPTO?

When your mark has become a “legally protectable” trademark, you have a statutory basis for submitting a trademark application with the USPTO. This indicates it has been used as a source indication for at least five years and is now in commercial usage.

What are the advantages of submitting a trademark application to the USPTO?

How long does it take to register a trademark in the United States? A registered trademark will be publicised within 24 hours of filing, and registration will occur around 3 months following publication assuming no third-party objections or other obstacles hinder approval.

How do I apply for trademark with the USPTO? You can submit an online application at https://www.uspto.gov/trademarks-application. You can also mail applications or submit them in person at one of their locations across the country, but this process generally takes longer than doing so online due to processing times associated with postal service delivery times as well as manual processing by humans who may make errors or require clarification on specific details such as your address or other pertinent information regarding registration requirements (e.g., whether you have used your mark since 2000 yet).

Can I request a time extension to file a new Office action in a continuing application after a final Office action is issued?

If you have a legitimate cause for not submitting the new Office action, you may file a petition for extension of time, but only within two months of the date of the final Office action’s issue. The petition must explain why the new Office action could not be filed on time and include a request for an extension of time. If the Patent and Trademark Office determines that there is good justification for the delay, it will issue an extension. Extenders are rarely granted since they are seen as exceptions to the norm.

The US Patent and Trademark Office provides various choices for online trademark registration. The most popular is TEAS Plus, which allows you to complete a single application and pay a single set of costs for all of the items or services included in your application. TEAS Lower Fee (TEAS RF) is a less expensive alternative that allows you to pay reduced costs if you do not qualify for a fee exemption.

When filing online, you have three options: filing with an experienced practitioner, such as a trademark lawyer, who will help guide you through the process and ensure that everything is done correctly; doing it yourself using the Trademark Electronic Application System (TEAS), which can be accessed through their website; or using an automated system, such as LegalZoom’s trademark registration service, which will prepare your documents based on information provided by you.

Conclusion

The US Patent and Trademark Office (USPTO) provides numerous alternatives for online trademark registration. Individuals can use the TEAS Plus or TEAS Reduced Fee systems to file a trademark application with only one form and no additional expenses. The USPTO also provides TEAS RF for small firms with less than five employees that do not have internet connectivity and hence cannot file a trademark online but still wish to pay cheaper filing costs.

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